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August 2017

TDSAT JUDGEMENTS


This Monthly Column will Review Of Some Of The Major Cases Concerning Cable Networks, MSOs And Broadcasters, Filed At The Disputes Redressal Forum, TDSAT, In Delhi. SCaT Magazine Takes A Look At Selected Cases And Their Outcomes


MADRAS HIGH COURT RESERVES JUDGEMENT - STAR VS TRAI TARIFF ORDER

JUDGEMENT RESERVED

On July 31, the Madras High Court declared that it was reserving its order in the matter where Star India & Vijay TV have not only challenged the TRAI's 3 March 2017 tariff order, but have even challenged the TRAI's authority to regulate TV Pay Channel prices.

The judgement is expected by end August.

In complex matters, judges reserve a judgment so they can ponder on various arguments made, do their own research and carefully frame the reasons for their verdict.

REVIEW

On 27 July, the bench directed to submit their arguments in writing.

The TRAI submitted its arguments in writing, thereafter.

Arguments had concluded in the matter on 19 July and the broadcasters and the interveners - All India Digital Cable Federation and Videocon d2h were asked to submit their written arguments by 27 July. The TRAI submitted its arguments thereafter.



SC DIRECTIVE

In early May, the Supreme Court stayed the tariff order & directed the Madras High Court to complete hearing within 4 weeks. However, the Madras High Court closed for vacation soon after, and commenced daily hearings in the last week of June.

STATUS

The TRAI TV Reference Interconnect Offer (RIO) and Quality of Service order (QoS) came into effect from 2 May following the order of the High Court.

Unless there are directions otherwise from the court, the TRAI's challenged tariff order comes into effect from 2 September 2017. n